Re: W2 vs. 1099...

Subject: Re: W2 vs. 1099...
From: Charles E Vermette <cvermette -at- juno -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Jul 2002 12:41:44 -0400

John Posada asks:

<<<I was just offered a position at a gig I REALLY want. However, while
they will convert me to a W-2, they want me to start as a 1099...I
realize that this is a very open-ended question, but for those who have
previously been a W-2 contractor through an agency and are now a 1099
contractor directly to the employer, what issues have you found?>>>

John, I've worked as both, and I'll offer some open ended thoughts
(knowing that you're sophisticated enough to know the difference between
the ideal and the real world...)

For all the rigamarole, the difference between a contractor and an
employee is that a contractor *only has the produce a deliverable*. How
they do it, the tools they use to do it, and the process by which they do
it are all under their direct control. If the employer controls *any* of
these, you're considered a statutory employee and should be paid W2. (One
tip off - if you are required to show up at a given location at specific
times, you're an employee - period.)

IRS Form SS-8 can be submitted by either a contractor or employee, and
the IRS will make a determination as to status (obviously, one does this
at their own peril...)

Personal impression: I'm wary of the setup, especially since they say
they want to "convert" you to W2. If you'll be performing the same
functions as a 1099 that you will be performing when "converted", they're
skirting the law - and I'd have to question why they're doing that. I'd
make sure I know the answer before I took the leap.

Feel free to contact me offline:) and good luck.


Charles E. Vermette
85 Washington Park Drive, Norwell MA 02061
e-mail: cvermette -at- juno -dot- com

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